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Structure of Courts
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Function
Below are all of the laws that govern the structure of courts that match your search criteria.
21 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Idaho | Idaho Const. Art. V, § 9 | Original and Appellate Jurisdiction of Supreme Court |
The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof, any order of the public utilities commission, any order of the industrial accident board, and any plan proposed by the commission for reapportionment created pursuant to section 2, article III; the legislature may provide conditions of appeal, scope of appeal, and procedure on appeal from orders of the public utilities commission, of the industrial accident board. On appeal from orders of the industrial accident board the court shall be limited to a review of questions of law. The Supreme Court shall also have original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction.
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Supreme Court | Jurisdiction of the courts |
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Idaho | Idaho Const. Art. V, § 14 | Special Courts in Cities and Towns |
The legislature may provide for the establishment of special courts for the trial of misdemeanors in incorporated cities and towns, where the same may be necessary. |
Municipal Courts | Creation of the courts, Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2406 | Jurisdiction -- Assignment and Revocation of Assignment of Cases -- Authority in Furtherance of Jurisdiction |
(1) Any provision of law to the contrary notwithstanding, the Idaho court of appeals shall have jurisdiction to hear and to decide all cases assigned to it by the Idaho supreme court; provided, that the supreme court shall not assign cases invoking the supreme courts original jurisdiction, nor appeals from imposition of sentences of capital punishment in criminal cases, nor appeals from the industrial commission, nor appeals from the public utilities commission. (2) In assigning cases to the Idaho court of appeals, the Idaho supreme court shall give due regard to the workload of each court, to the error review and correction functions of the court of appeals, and to the desirability of retaining for decision by the supreme court those cases in which there is substantial public interest or in which there are significant issues involving clarification or development of the law. (3) Upon motion of any party, or upon recommendation of the court of appeals, or upon its own motion, the supreme court may revoke assignment of a case to the court of appeals. In the event of such transfer or revocation of assignment, the case shall be heard and decided by the supreme court. (4) A judge of the court of appeals may be assigned cases in other courts from time to time by the chief justice of the supreme court of Idaho, and when so assigned shall have the same powers, duties and functions as a judge of the court to which he is assigned; provided, however, that no judge shall participate in the review by the supreme court or by the court of appeals of a case in which he participated while serving on the district court or court of appeals.
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Court of Appeals | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2208 | Assignment of Cases to Magistrates |
Subject to rules promulgated by the supreme court, the administrative judge in each judicial district or any district judge in the district designated by him may assign to magistrates, severally, or by designation of office, or by class or category of cases, or in specific instances the following matters: (1) Civil proceedings as follows: (a) When the amount of money or damages or the value of personal property claimed does not exceed five thousand dollars ($5,000): (i) Actions for the recovery of money only arising on contracts express or implied; actions for damages for injury to person, property or reputation or for taking or detaining personal property, or for fraud; (ii) Actions for rent and distress for rent; (iii) Actions for claim and delivery; (iv) Proceedings in attachment, garnishment, wage deductions for the benefit of creditors, trial or right of personal property and exemptions, and supplementary proceedings; (v) Actions arising under the laws for the incorporation of cities or counties or any ordinance passed in pursuance thereof; actions for the confiscation or abatement of nuisances and the seizure, condemnation and forfeiture of personal property; proceedings in respect of estrays and lost property; (vi) Actions to collect taxes. (b) Proceedings in forcible entry, forcible detainer, and unlawful detainer; and (c) Proceedings for the enforcement and foreclosure of common law and statutory liens of not to exceed five thousand dollars ($5,000) on real or personal property. (2) Proceedings in the probate of wills and administration of estates of decedents, minors and incompetents. (3) The following criminal and quasi-criminal proceedings: (a) Misdemeanor and quasi-criminal actions; (b) Proceedings to prevent the commission of crimes; (c) Proceedings pertaining to warrants for arrest or for searches and seizures; and (d) Proceedings for the preliminary examination to determine probable cause, commitment prior to trial or the release on bail of persons charged with criminal offenses. (4) Any juvenile proceedings except those within the scope of the provisions of section 1-2210, Idaho Code. (5) Proceedings under the Idaho traffic infractions act, chapter 15, title 49, Idaho Code.
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Administrative Judges | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2210 | Assignments Restricted to Magistrates Who are Attorneys |
(1) The supreme court by rule may specify additional categories of matters assignable to magistrates, except that the following matters may not be assigned to magistrates who are not attorneys: (a) Civil actions in which the amount of money or damages or the value of property claimed exceeds five thousand dollars ($5,000), except as otherwise authorized by this act; (b) Criminal proceedings in which the maximum authorized punishment exceeds the punishment authorized for misdemeanors; (c) All proceedings involving the custody of minors and all habeas corpus proceedings; (d) Proceedings for divorce, separate maintenance or annulment; and (e) Proceedings in quo warranto, or for injunction, prohibition, mandamus, ne exeat, or appointment of a receiver. (2) The supreme court may assign an attorney magistrate to temporary service on the supreme court, except an attorney magistrate may not be assigned to hear cases in which the attorney magistrate participated, nor may an attorney magistrate be assigned to hear cases which originated in his or her judicial district.
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Magistrates | Jurisdiction of the courts |
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Idaho | Idaho Code § 1-2301 | Small Claims Department -- Creation -- Scope of Claims -- Venue |
In every magistrate's division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate's Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed five thousand dollars ($ 5,000), and in cases for the recovery of personal property where the value of the property does not exceed five thousand dollars ($ 5,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding. Any action brought in a small claims department of the magistrate's division shall be brought in the magistrate's division in the county where the defendant resides or the county where the cause of action arose. A defendant may request a change of venue if an action is brought in an improper county.
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Small Claims Department | Creation of the courts, Jurisdiction of the courts |
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Idaho | Idaho Code § 20-505 | Jurisdiction |
Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases: (1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only; (2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult; (3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code; (4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter, provided that a juvenile taken into custody pursuant to section 20-516(1)(c), Idaho Code, for an alcohol age infraction under section 18-1502(e), Idaho Code, shall be treated within the provisions of this chapter; (5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter; (6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter; (7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 16-1604 | Retention of Jurisdiction |
Jurisdiction obtained by the court under this chapter shall be retained until the child's eighteenth birthday, unless terminated prior thereto. Jurisdiction of the court shall not be terminated by an order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 16-1603 | Jurisdiction of the Courts |
(1) Except as otherwise provided herein, the court shall have exclusive original jurisdiction in all proceedings under this chapter concerning any child living or found within the state: (a) Who is neglected, abused or abandoned by his parents, guardian or other legal custodian, or who is homeless; or (b) Whose parents or other legal custodian fails to provide a stable home environment; (2) If the court has taken jurisdiction over a child under subsection (1) of this section, it may take jurisdiction over another child living or having custodial visitation in the same household without the filing of a separate petition if it finds all of the following: (a) The other child is living or is found within the state; (b) The other child has been exposed to or is at risk of being a victim of abuse, neglect or abandonment; (c) The other child is listed in the petition or amended petition; (d) The parents or legal guardians of the other child have notice as provided in section 16-1611, Idaho Code.
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District Courts | Jurisdiction of the courts |
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Idaho | Idaho Code § 20-507 | Retention of Jurisdiction |
Jurisdiction obtained by the court in the case of a juvenile offender shall be retained by it for the purposes of this act until he becomes twenty-one (21) years of age, unless terminated prior thereto. If a juvenile offender under the jurisdiction of the court and after attaining eighteen (18) years of age, is charged with a felony, he shall be treated as any other adult offender. If a person eighteen (18) years of age or older already under court jurisdiction is convicted of a felony, that conviction shall terminate the jurisdiction of the court, provided however, nothing herein contained shall prohibit any court from proceeding as provided in section 20-508(2), Idaho Code.
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District Courts | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 111(2) | Ky. Const. § 111 |
The Court of Appeals shall have appellate jurisdiction only, except that it may be authorized by rules of the Supreme Court to review directly decisions of administrative agencies of the Commonwealth, and it may issue all writs necessary in aid of its appellate jurisdiction, or the complete determination of any cause within its appellate jurisdiction. In all other cases, it shall exercise appellate jurisdiction as provided by law.
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Court of Appeals | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 110 | Ky. Const. § 110(2) |
(2) (a) The Supreme Court shall have appellate jurisdiction only, except it shall have the power to issue all writs necessary in aid of its appellate jurisdiction, or the complete determination of any cause, or as may be required to exercise control of the Court of Justice.
(b) Appeals from a judgment of the Circuit Court imposing a sentence of death or life imprisonment or imprisonment for twenty years or more shall be taken directly to the Supreme Court. In all other cases, criminal and civil, the Supreme Court shall exercise appellate jurisdiction as provided by its rules. |
Supreme Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 112(1),(5) | Ky. Const. § 112 |
(1) Circuit Court shall be held in each county (5) The Circuit Court shall have original jurisdiction of all justiciable causes not vested in some other court. It shall have such appellate jurisdiction as may be provided by law.
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Circuit Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 113(1),(6) | Ky. Const. § 113 |
(1) District Court shall be held in each county. (6) The district court shall be a court of limited jurisdiction and shall exercise original jurisdiction as may be provided by the General Assembly.
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District Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 24A.110 | District Court: Criminal jurisdiction |
(1) The District Court shall have exclusive jurisdiction to make final disposition of all criminal matters, including violations of county, urban-county, or city ordinances or codes, except: by statute as felonies or capital offenses; and
(b) Offenses punishable by death or imprisonment in the penitentiary. (2) The District Court has exclusive jurisdiction to make a final disposition of any charge or a public offense denominated as a misdemeanor or violation, except where the charge is joined with an indictment for a felony, and all violations of county, urban-county, or city ordinances and, prior to trial, to commit the defendant to jail or hold him to bail or other form of pretrial release. (3) The District Court has, concurrent with Circuit Court, jurisdiction to examine any charge of a public offense denominated as a felony or capital offense or which may be punished by death or imprisonment in the penitentiary and to commit the defendant to jail or hold him to bail or other form of pretrial release. |
District Court | Jurisdiction of the courts |
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Kentucky | Ky. Const. § 23A.110 | Jurisdiction of Circuit Court; court of record and of continuous session |
(1) The Circuit Court is a court of general jurisdiction; it has original jurisdiction of all justiciable causes not exclusively vested in some other court. appellate jurisdiction as specified in this chapter.
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Circuit Court | Jurisdiction of the courts |
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Virginia | Va. Const. art. IV, § 1 | Va. Const. art. IV, § 1 |
The Supreme Court shall, by virtue of this Constitution, have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; to consider claims of actual innocence presented by convicted felons + See morein such cases and in such manner as may be provided by the General Assembly; in matters of judicial censure, retirement, and removal under Section 10 of this article, and to answer questions of state law certified by a court of the United States or the highest appellate court of any other state. All other jurisdiction of the Supreme Court shall be appellate. Subject to such reasonable rules as may be prescribed as to the course of appeals and other procedural matters, the Supreme Court shall, by virtue of this Constitution, have appellate jurisdiction in cases involving the constitutionality of a law under this Constitution or the Constitution of the United States and in cases involving the life or liberty of any person.
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Supreme Court | Jurisdiction of the courts |
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Virginia | § 17.1-404-405 | § 17.1-404-405 |
§ 17.1-404. Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus.The Court of Appeals shall have authority to punish for contempt. A judge of + See morethe Court of Appeals shall exercise initially the authority concerning injunctions vested in a justice of the Supreme Court by § 8.01-626 in any case over which the court would have appellate jurisdiction as provided in §§ 17.1-405 and 17.1-406. In addition, in such cases over which the court would have appellate jurisdiction, the court shall have original jurisdiction to issue writs of mandamus, prohibition and habeas corpus.
1983, c. 413, § 17-116.04; 1984, c. 701; 1998, c. 872.
§ 17.1-405. Appellate jurisdiction -- Administrative agency, Virginia Workers' Compensation Commission, and domestic relations appeals.
Any aggrieved party may appeal to the Court of Appeals from:
1. Any final decision of a circuit court on appeal from (i) a decision of an administrative agency, or (ii) a grievance hearing decision issued pursuant to § 2.2-3005;
2. Any final decision of the Virginia Workers' Compensation Commission;
3. Any final judgment, order, or decree of a circuit court involving:
a. Affirmance or annulment of a marriage;
b. Divorce;
c. Custody;
d. Spousal or child support;
e. The control or disposition of a child;
f. Any other domestic relations matter arising under Title 16.1 or Title 20;
g. Adoption under Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2; or
h. A final grievance hearing decision issued pursuant to subsection B of § 2.2-3007.
4. Any interlocutory decree or order entered in any of the cases listed in this section (i) granting, dissolving, or denying an injunction or (ii) adjudicating the principles of a cause.
1983, c. 413, § 17-116.05; 1984, c. 701; 1985, c. 283; 1990, c. 897; 1998, c. 872; 2000, cc. 830, 947, 1006; 2001, cc. 393, 420.
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Court of Appeals | Jurisdiction of the courts |
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Virginia | § 17.1-513. Jurisdiction of circuit courts. | § 17.1-513. Jurisdiction of circuit courts. |
The circuit courts shall have jurisdiction of proceedings by quo warranto or information in the nature of quo warranto and to issue writs of mandamus, prohibition and certiorari to all + See moreinferior tribunals created or existing under the laws of the Commonwealth, and to issue writs of mandamus in all matters of proceedings arising from or pertaining to the action of the boards of supervisors or other governing bodies of the several counties for which such courts are respectively held or in other cases in which it may be necessary to prevent the failure of justice and in which mandamus may issue according to the principles of common law. They shall have appellate jurisdiction in all cases, civil and criminal, in which an appeal may, as provided by law, be taken from the judgment or proceedings of any inferior tribunal.
They shall have original and general jurisdiction of all civil cases, except cases upon claims to recover personal property or money not of greater value than $100, exclusive of interest, and except such cases as are assigned to some other tribunal; also in all cases for the recovery of fees in excess of $100; penalties or cases involving the right to levy and collect toll or taxes or the validity of an ordinance or bylaw of any corporation; and also, of all cases, civil or criminal, in which an appeal may be had to the Supreme Court.
They shall have jurisdiction to hear motions filed for the purpose of modifying, dissolving, or extending a protective order pursuant to § 16.1-279.1 or 19.2-152.10 if the circuit court issued such order, unless the circuit court remanded the matter to the jurisdiction of the juvenile and domestic relations district court in accordance with § 16.1-297. They shall also have original jurisdiction of all indictments for felonies and of presentments, informations and indictments for misdemeanors. They shall also have jurisdiction for bail hearings pursuant to §§ 19.2-327.2:1 and 19.2-327.10:1.
They shall have appellate jurisdiction of all cases, civil and criminal, in which an appeal, writ of error or supersedes may, as provided by law, be taken to or allowed by such courts, or the judges thereof, from or to the judgment or proceedings of any inferior tribunal. They shall also have jurisdiction of all other matters, civil and criminal, made cognizable therein by law and when a motion to recover money is allowed in such tribunals, they may hear and determine the same, although it is to recover less than $100.
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Circuit Courts | Jurisdiction of the courts |
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Virginia | § 16.1-69.8. Existing courts continued and redesignated; exception. | § 16.1-69.8. Existing courts continued and redesignated; exception. |
The present system of courts not of record is continued as follows on and after July 1, 1973:
(a) The county court in each county shall continue as the general district + See morecourt of such county with the same powers and with territorial jurisdiction over such county and over any city within the county for which a municipal court with general civil or criminal jurisdiction or separate general district court has not been established.
(b) The municipal court or courts in each city, excluding courts of limited jurisdiction established pursuant to Chapter 5 (§ 16.1-70 et seq.) of this title and juvenile and domestic relations courts, shall continue as the general district court of the city with the same powers and territorial jurisdiction over such city; provided that in the case of more than one such municipal court in operation in any city, all such courts shall be merged on July 1, 1973, and their powers and territorial jurisdiction merged in the general district court.
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General District Courts | Jurisdiction of the courts |